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HomeMy Public PortalAbout20101208 - Minutes - Board of Directors (BOD) Midpeninsula Regional Open Space District Monk M Lh"i Meeting 10-38 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 8,2010 MINUTES REGULAR MEETING I. ROLL CALL President Hassett called the Regular Meeting to order at 7:00 p.m. Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle, Pete Siemens and Larry Hassett Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman, Public Affairs Manager Rudy Jurgensen, Planning Manager Ana Ruiz, Operations Manager David Sanguinetti, Real Property Manager Mike Williams,Administrative Services Manager Kate Drayson, Human Resources Analyst Annetta Spiegel, Resource Management Specialist Cindy Roessler, Real Property Specialist Elaina Cuzick, Real Property Specialist Michael Reeves, Interim Assistant General Counsel James Atencio, District Controller Mike Foster and District Clerk Michelle Radcliffe. II. ORAL COMMUNICATIONS There were none. Meeting 10-38 Page 2 III. ADOPTION OF AGENDA Motion: Upon motion by Director Riffle, seconded by Director Kishimoto, and unanimously passed, the Board approved adoption of the agenda. (Vote: 7-0-0) IV. INTRODUCTION OF NEW DISTRICT STAFF President Hassett introduced Yoriko Kishimoto as the newly appointed Director of Ward 2. General Manager Steve Abbors introduced Kate Drayson as the new Administrative Services Manager. V. ADOPTION OF CONSENT CALENDAR Motion: Upon motion by Director Cyr, seconded by Director Riffle, and unanimously passed, the Board approved adoption of the Consent Calendar to approve the Minutes of October 27,2010, as amended,November 10,2010, and November 15,2010; FY 2010-11 Annual Claims List; and Revised Claims 10-24. (Vote: 7-0-0) VI. BOARD BUSINESS A. Agenda Item 4—FY2010-11 Mid-Year Budget and Action Plan Changes (R-10-151) District Controller Mike Foster provided reviewed the FY2010-11 Mid-Year Financials. Senior Management Analyst Lynn Tottori highlighted changes in the capital improvement projects guidelines stating that the guideline is now based on 10.5%of property tax revenue the District receives. Ms. Tottori further explained that the change in the capital improvement project guidelines resulted in a change to the Operating Exchange Guideline to 51%of property tax revenue. Discussion ensued and each department gave an in depth overview of their budget. Director Hanko suggested that the Board hold a special meeting just to discuss the Mid-Year and Annual Budget and brief discussion ensued. Director Riffle stated that Board should be cautious with holding special meetings because of the amount of detail and work involved in preparing the budget and suggested that the Board rely on the recommendations of the Administration and Budget Committee(ABC) for the Mid-Year budget. Discussion followed. Motion: Upon motion by Director Harris, seconded by Director Hanko, and unanimously passed,the Board received the District Controller's Mid-Year Financial Report, approved the FY2010-11 Mid-Year budget, approved the revised CapEx Guideline, and approved the change to the Operating Expense Guideline. (Vote: 7-0- 0) Meeting 10-38 Page 3 B. Agenda Item 5—Approve the Purchase of the Silva Property as an addition to the Russian Ridge Open Space Preserve, located at 5755 Alpine Road, La Honda, California(San Mateo County Assessor's Parcel Number 080-380-030); Assignment of Purchase Agreement for the Silva et al. Property to Peninsula Open Space Trust (POST); Approval of a License and Management Agreement; Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with CEQA (R-10-147) Real Property Manager Mike Williams presented an overview of the Silva Property and stated that the property included a large single family residence, a four-stall horse barn, and a paddock. Mr. Williams explained that the District is proposing to assign its purchase rights to Peninsula Open Space Trust(POST)in order to pursue grant funding opportunities and will enter into a License and Management Agreement with POST to manage the property. Mr. Williams reported that the Silva property is surrounded by the Russian Ridge Open Space Preserve and that the purchase of the property would enable the District to patrol and manage the Russian Ridge Open Space Preserve and protect the preserve from further development. He also reported that the property could be used as a potential staging area and trail connection to the Mindego Ranch Property and the Skyline Ridge Open Space Preserve. Mr. Williams provided an overview of the p Preliminary Use and Management Plan for the property and explained that the existing residential structure could be used as a residence for staff or private tenant. He further explained that staff recommends opening the upper driveway between the Mindego Trail junction and Alpine Road to public access. Lastly, Mr. Williams reported that the purchase price of the Silva Property is $3,090,000, which includes $90,000 for the broker's commission. Discussion ensued. Public Comment: POST Conservation Director Mark Lan aff thanke d ed the Board and the District. Motion: Upon motion by Director Kishimoto, seconded by Director Riffle, and unanimously passed,the Board approved the purchase of the Silva property under the terms and conditions negotiated, assigned the Purchase Agreement for the Silva property to POST, approved the License and Management Agreement, adopted the Preliminary Use and Management Plan; and approved a Categorical Exemption in Accordance with CEQA. (Vote: 7-0-0) C. Agenda Item 6—Approve the purchase of the Eagle View LLC as an property addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, located on the steep west facing hillside above Los Gatos Creek(Santa Clara County Assessor's Parcel Number 558-26-005); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with CEQA(R-10-145) Real Property Specialist Elaina Cuzick provided an overview of the Eagle View LLC property, stating that the purchase will protect an important inholding within the Cathedral Oaks Area of Sierra Azul that could be used as a potential trail access for Mount Umunhum. She reported that the property is located southeast of Los Gatos between Lexington Reservoir and Lake Elsman. Ms. Cuzick explained that the Use Meeting 10-38 Page 4 and Management Plan for the area is to maintain the current condition of the property and that the District will patrol and maintain the area. The purchase price of the property is $250,000 for 80 acres. Brief discussion ensued. Motion: Upon motion by Director Siemens, seconded by Director Riffle, and unanimously passed,the Board approved the purchase of the Eagle View LLC property under the terms and conditions agreed upon. (Vote: 7-0-0) D. Agenda Item 7—Approve the purchase of the Price property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, located on Loma Almaden Road near its junction with the end of Soda Springs Road in unincorporated Santa Clara County(Assessor's Parcel Number 562-31-001); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in accordance with CEQA (R-10-146) Real Property Specialist Michael Reeves presented an overview of the Price property and reported that the property was located in close proximity to the Eagle View � P p Y P Y � property and that purchase of the property will serve to fill a gap in public ownership along Loma Almaden Road. Mr. Reeves reported that the District will purchase the 24-acre property for$150,000 and that the terms include withholding$2,500 from the sales proceeds in escrow pending performance of the seller's obligation to remove paving stones that are located on the property within 60 days following the close of escrow. Brief discussion ensued. Motion: Upon motion b Director Siemens seconded b Director C and 1? Y � Y Cyr, unanimously passed,the Board approved the purchase of the Price property under the terms and conditions (Vote:negotiated.g � 7-0-0) E. Agenda Item 8—Approval of Agreement between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm and Determine that the Recommended Actions are Exempt from CEQA(R-10-135) Operations M ana erDavid Sanguinetti provided an overview of proposed agreeme nt between the District and the City of Mountain View for the operation of Deer Hollow Farm. He reported that the proposed agreement will include the same conditions as the previous agreement except that the City will enter into a two and half year agreement due to the City's financial situation. Brief discussion ensued. Motion: Upon motion b Director Riffle, seconded b Director Kishimoto, and p Y Y unanimously passed,the Board approved the agreement between the City of Mountain View and the District for the Operation of the Deer Hollow Farm and determined that the recommended actions are exempt from CEQA. (Vote: 7-0-0) Meeting 10-38 Page 5 F. Agenda Item 9 -Annual Meeting of and Report to Shareholders of Guadalupe Land Company as Owners of Property Adjacent to the Mount Umunhum Area of Serra Azul Open Space Preserve(Santa Clara County Assessor's Parcel Number 575-11-004, 575-12-001 and 575-12-013); Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of Guadalupe Land Company; and Appoint the Directors of the Guadalupe Land Company(R-10-130) Mr. Williams presented the annual report of the Guadalupe Land Company. He reported that the Board of Directors met on November 29, 2010, and that Stephen E. Abbors and Mike Foster remains the Chief Executive Officer and Chief Financial Officer,respectively, of the corporation. He also reported that Michelle Radcliffe was elected Secretary due to the resignation of Gordon Baillie. Brief discussion was held about the possibility of dissolving the corporation at some future date and Mr. Williams reported that the corporation could be dissolved as early as FY 2011-12. Motion: Upon motion by Director Hanko, seconded by Director Kishimoto, and unanimously passed, the Board accepted the annual report and appointed the Directors of the Guadalupe Land Company. (Vote: 7-0-0) VII. INFORMATIONAL REPORTS COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Mr. Williams reported that the Board will receive two closing memos for the Holmes and Bergman Property and that the District now owns 59,050 acres of open space. Lastly,he acknowledged Real Property Administrative Assistant Jean Chung for processing properties gifted to the District. Public Affairs Manager Rudy Jurgensen reminded the Board that the next public meeting regarding Mount Umunhum will be held on December 9, 2010, in Sunnyvale. Mr. Sanguinetti reported that the Skyline Tree Farm Restoration Project has been completed and that the maintenance agreement for the tree farm is to ensure that 80%of the plants put in survive. He also provided an update on the Pulgas Ridge Open Space tree shade issue and that the eucalyptus trees will be removed next week. Mr. Sanguinetti further reported that field staff has identified native trees in the preserve that could be used as alternate tree shade and that staff have begun trimming those trees. Lastly,Mr. Sanguinetti updated the Board on the dog waste campaign at Pulgas Ridge Open Space Preserve and reported that there was some resistance from users on bagging their dog waste. i I�� Meeting 10-38 Page 6 Planning Manager Ana Ruiz clarified the District's Mercury Total Maximum Daily Load report stating that staff will submit the report and recommendations to the State stating that staff will stabilize potential sediment sources wherever feasible and will coordinate with the County to ensure that the road maintenance activities do not destabilize roadside sediment sources within the County's road easement. General Counsel Sue Schectman announced that she will send an e-mail to the Board providing guidelines for the Mount Umunhum public meeting on December 9,2010. DIRECTOR REPORTS The Directors submitted their compensable meeting forms to the District Clerk. Director Kishimoto announced that she will be meeting with the two new Board Members of the Santa Clara Valley Water District. Director Riffle stated he was very impressed with the candidates they interviewed for Ward 2 and that he was pleased with the outcome. He also acknowledged staff for their hard work in 2010. President Hassett invited the Board and District staff to the South Skyline Association Holiday Party on December 12, 2010. VIII. ADJOURNMENT President Hassett adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:55 p.m. Michelle Radcliffe, CMC District Clerk I